Section He-P 2155.03 - Denial or Revocation of a Certificate(a) The department shall deny an application or revoke a certificate if: (1) An applicant or certificate holder has failed to pay any applicable fee in accordance with He-P 2153.05 or any administrative fine imposed under He-P 2155.02 or any payment ordered by a court to be paid to the department;(2) An applicant or certificate holder has had a check returned to the department for insufficient funds, and has not re-submitted the outstanding fee and additional charges in the form of money order or certified check within 2 business days of notification by the department;(3) After being notified of and given an opportunity to supply missing information, an applicant or certificate holder fails to submit an application that meets the requirements of He-2153.01(a);(4) An applicant, certificate holder or any representative or employee of the applicant or certificate holder: a. Provides false or misleading information to the department;b. Prevents or interferes, or fails to cooperate with any inspection or investigation conducted by the department; orc. Fails to provide, upon request, information or documents to the department;(5) There is a deficiency identified in the inspection report and the applicant or certificate holder does not either correct it or complete a compliance schedule in accordance with He-P 2154.02; (6) The certificate holder fails to implement or continue to implement a compliance schedule that has been accepted by the department in accordance with He-P 2154.02;(7) The certificate holder is cited 2 or more times under RSA 143, or He-P 2150-2159 for the same critical deficiency within the last 12 months or the last 5 inspections;(8) A certificate holder has had a certificate revoked and submits an application during the one-year prohibition period specified in (b) below;(9) A certificate holder fails to implement an approved HACCP plan in accordance with He-P 2153.12; or(10) The certificate holder fails to submit proof of required training as required in He-P 2153.14.(b) When a certificate has been denied or revoked, the applicant or certificate holder shall be prohibited from reapplying for a certificate for one year at a different location, if the enforcement action pertained to their role in the business.(c) The one-year period referenced in (b) above shall begin on:(1) The date of the department's decision to revoke or deny the certificate, if no request for an administrative hearing is requested or if the request is withdrawn; or(2) The date a final decision upholding the action of the department is issued, if a request for a hearing is made and a hearing is held.(d) Notwithstanding (b) and (c) above, the department shall consider an application submitted after a decision to revoke or deny becomes final, if the applicant provides proof that circumstances have changed and that the applicant has obtained the requisite degree of knowledge, skills, and resources necessary to maintain compliance with the provisions of RSA 143 and He-P 2150-2159.(e) Application for a certificate after revocation shall require submission of a written application for a certificate to the department, completed in accordance with He-P 2153.01.N.H. Admin. Code § He-P 2155.03
Derived from Volume XXXIV Number 46, Filed November 13, 2014, Proposed by #10704, Effective 10/23/2014, Expires10/23/2024.Amended by Number 10, Filed March 9, 2023, Proposed by #13569, Effective 2/25/2023, Expires 2/25/2033.